Law Commons^™

Rick Garnett Was Quoted In The Religion News Service Article Does Hobby Lobby Have Religious Rights? The Supreme Court Will Decide, March 18, 2014, Richard Garnett

Richard W Garnett

On March 18, Rick Garnett was quoted in the Religion News Service article Does Hobby Lobby have religious rights? The Supreme Court will decide. Notre Dame Law School professor Rick Garnett, who writes about religious freedom, said the court may well agree that corporations have religious rights, but he also suggests that such an outcome won’t be as momentous as many assume. “It doesn’t mean every single business is going to be invoking RFRA to get out of regulations it doesn’t like,” he said.

Legislative Prayer Gets Supreme Court Review, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the Associated Press article by MARK SHERMAN

The article was also published in

Wall Street Journal, Businessweek, NPR. NBC News, Fox News, Yahoo! News

Richard Garnett, a University of Notre Dame law professor and former Supreme Court clerk, said it is likely that the court will reverse the appeals court and that a narrow ruling of the sort sought by the administration could cause some liberal justices to join their conservative colleagues.

But because the case can be resolved narrowly, Garnett said it probably is not one the justices will use to order judges to …

Encyclopedia Of American History, Jeffrey Morris, Richard Morris

Jeffrey B. Morris

No abstract provided.

“Reasoning-Lite” In The Violent Video Game Case, Alan Garfield

Alan E Garfield

One might have expected that the Supreme Court’s recent decision in the violent video game case, Brown v. Entertainment Merchants Ass’n, would have been a thoughtful balancing of society’s competing interests in protecting freedom of speech and protecting children from harm. After all, the Supreme Court had held decades earlier that the government could deny minors access to soft-porn, or what the Court called “girlie magazines.” So one could have assumed the Court would seriously consider California’s claim that minors also needed sheltering from the grittier world of violent video game rapes, beheadings, and ethnic cleansings. Yet, as Justice Scalia’s …

Human Dignity In The Roberts Court: A Story Of Inchoate Institutions, Autonomous Individuals, And The Reluctant Recognition Of A Right, Erin Daly

Erin Daly

Throughout its history, the Supreme Court has assumed that dignity is relevant to constitutional interpretation, though it has rarely considered exactly how. In the post-war years, the Court (like its counterparts around the world) found that human dignity underlay many individual rights, and in the 1990s, the Court's federalism jurisprudence found that the dignity of states immunized them from most lawsuits in both state and federal courts. This article examines the Court's past references to dignity and argues that the conception of dignity that is evoked in the federalism cases -- which focus, at root, on the autonomy of the …

From Clerk To Justice: Lessons Drawn From Justice Stevens' Year With Wiley Rutledge, Laura Ray

Laura K. Ray

No abstract provided.

The Legacy Of A Supreme Court Clerkship: Stephen Breyer And Arthur Goldberg, Laura Ray

Laura K. Ray

No abstract provided.

U.S. Supreme Court Environmental Cases 2008-2009: A Year Like No Other, James R. May

James R. May

The author of this article says the last term of the U.S. Supreme Court was in many respects like no other in modern environmental law. During the 2008-2009 term, the Supreme Court ruled on novel and important questions concerning preliminary injunctions under the National Environmental Policy Act; cost-benefit analyses and permitting under the Clean Water Act; arranger and joint and several liability under the Comprehensive Environmental Response, Compensation, and Liability Act; and environmental standing. At no turn, says the author, did the court favor the environment over other interests. He says the court even reached down to reverse decisions in …

Not At All: Environmental Sustainability In The Supreme Court, James R. May

James R. May

The principle of “sustainability” is soon to mark its 40th anniversary. It is a concept that has experienced both evolution and stasis. It has shaken the legal foundation, often engaged, recited, and even revered by policymakers, lawmakers, and academics worldwide. This essay assesses the extent to which sustainability registers on the scales of the United States Supreme Court, particularly during the tenure of Chief Justice John Roberts. None of the environmental cases decided thus far during the tenure of Chief Justice Roberts engage sustainability. The word “sustainability” does not appear to exist before the Court. It does not appear in …

America Meets The Justices: Explaining The Supreme Court To The General Reader, Laura Ray

Laura K. Ray

Curiosity about the Justices of the Supreme Court has increased dramatically since the New Deal era, when Americans first became aware of how directly the Court’s decisions affected their lives. That interest is reflected in three books about the Court written for a general audience, all of them provoking controversy and attracting substantial numbers of readers. In 1936 Washington columnists Drew Pearson and Robert S. Allen published The Nine Old Men, a partisan attack on the conservative members of the Court as political actors driven by their individual attitudes rather than by the law. Over forty years later, investigative journalists …

Justice Ginsburg And The Middle Way, Laura K. Ray

Laura K. Ray

No abstract provided.

Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray

Laura K. Ray

No abstract provided.

The Road To Bush V. Gore: The History Of The Supreme Court’S Use Of The Per Curiam Opinion, Laura K. Ray

Laura K. Ray

No abstract provided.

Autobiography And Opinion: The Romantic Jurisprudence Of Justice William O. Douglas, Laura K. Ray

Laura K. Ray

No abstract provided.

Judicial Fictions: Images Of Supreme Court Justices In The Novel, Drama, And Film, Laura K. Ray

Laura K. Ray

No abstract provided.

The Justices Write Separately: Uses Of The Concurrence By The Rehnquist Court, Laura K. Ray

Laura K. Ray

No abstract provided.